Following the announcement of the sidelining of Amine Adli, two lawyers specializing in sports law consider this decision contrary to the law.
Are Toulouse FC going against the law by dismissing Amine Adli, under contract until 2022, and whose club has announced that it will not play any more matches by the close of the transfer market ? Yes, answers Me Antoine Semeria, lawyer specializing in sports law, who recalls that the obligations of an employer vis-à-vis a professional football player are the same as vis-à-vis any worker. “An employer has a primary obligation, which is to provide work. As long as the contract has not come to an end, it must be performed in good faith. In the case of Amine Adli, the president of the club s ‘interference in sports policy, which is not its responsibility. It is not the presidents who make the scoresheets. ” If Damien Comolli made it clear that Amine Adli could continue to train and benefit from the professional facilities of the TFC, this reason is not sufficient for Me Thierry Granturco, also specialized in sports law: “To train n ‘ is only part of the job, but it is not the essential part. Not to field a competing player is to prevent him from working, and to work is a fundamental right in our hierarchy of norms. infringement of labor rights. “
“It’s an interference, a threat, it’s quite mind-blowing. It is not possible that the presidents will start to say that such and such a player will play on the weekend” worries Me Semeria.
What solutions?
Yet more and more common in the world of football, these practices are nonetheless prohibited “by sports law and labor law” recalls Me Granturco, “especially as the communication from the TFC shows very well that it is not a sporting choice. “
If a prerequisite can first be tried before the legal commission of the LFP so that the two parties try to find common ground, the industrial tribunal can then be seized by the party which will have been at the origin. breach of contract. For “disrespect of contractual provisions”, the legal commission of the LFP is able to impose fines, but only of the order of 5,000 euros according to Me Granturco, who has “not the slightest doubt about the legal conclusion Of such a case.
“The player will have the possibility of breaking the contract, by considering that this exit in the press is a fault, and by asking that the whole of his salary until the end of his contract be paid to him, with damages. “adds Me Semeria.
“The player is quite capable of refusing this transfer” points out Me Granturco, reversing the decision of Amine Adli to refuse two offers, to the tune of 10 and 12 million euros. “It is his right to go to the end of his CDD. This scenario is when the clubs are financially asphyxiated and they absolutely need a transfer fee.”
